Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.

Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.

Most arbitrators and academics have long understood that, absent terms to the contrary in the agreement providing for arbitration, the traditional rules of evidence do not apply, and certainly do not strictly apply, in arbitration.

Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.

Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.

Disadvantages Questionable Fairness. Mandatory arbitration. Finality: No appeals. While this may be a positive if you find the arbitration decision favorable, you should be aware that if arbitration is binding, both sides give up their right to an appeal. Can be more expensive. Unpredictability: Unconventional outcomes.

Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.

Even if there were no pre-hearing briefs, keep your open- ing short, providing an executive sum- mary of your case in chronological order without getting into the weeds. Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it.

A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.

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Find out how to get an arbitrator appointed and the appointment process. Local court rules governing procedure and evidence will apply unless the arbitrators agree on other rules.Under AAA rules, parties to AAA cases agree that the arbitration award can be entered as a judgment in any federal or state court with jurisdiction. Any documents you file in court must comply with the Federal Rules of Civil. Procedure and the District of Arizona Local Rules of Practice. No rules of evidence. In Washington, D.C., that specializes in the representation of plaintiffs in employment law, whistleblower, civil rights and civil liberties matters. Fill out the 'Optional' portion. (1) Compulsory arbitration under A.R.S. § 12133 and these rules is not binding. Any party may appeal and all appeals are de novo on the law and.

Federal Arbitration Act Rules Of Evidence In Phoenix

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